Section 461 IPC: Dishonestly breaking open receptacle containing property
Indian Penal Code, 1860
Section 461 IPC at a Glance
Section 461 IPC deals with dishonestly breaking open receptacle containing property. It is non-bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 334(1) BNS.
Imprisonment of either description for a term which may extend to two years
Section 461 IPC Bare Act Text
461. Dishonestly breaking open receptacle containing property
Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Source: Section 461, Indian Penal Code, 1860
Section 461 IPC in Simple Words
Section 461 of the Indian Penal Code (IPC) punishes a person who, dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle that contains property or that the offender believes contains property. The offence carries imprisonment of either description for a term extending up to two years, or fine, or both.
Dishonestly requires an intention of causing wrongful gain to one person or wrongful loss to another under Section 24 IPC, while mischief is defined under Section 425 IPC. The closed receptacle need not actually hold property if the intruder believed it did, and no property needs to be removed.
Section 462 IPC provides enhanced punishment where the offender was entrusted with the receptacle.
Ingredients of Section 461 IPC
- The accused broke open or unfastened a closed receptacle
- The receptacle contained property, or the accused believed it to contain property
- The act was done dishonestly, or with intent to commit mischief
Punishment Under Section 461 IPC
Imprisonment of either description for a term which may extend to two years
The court may impose a fine instead of imprisonment, or both. The statute does not fix a maximum fine.
Dishonestly breaking open or unfastening a closed receptacle containing or believed to contain property carries imprisonment of either description up to two years, or fine, or both.
Example of Section 461 IPC
When Section 461 IPC Does Not Apply
- Property was removed from an already open container without breaking open or unfastening any closed receptacle, which may instead amount to theft under Section 378 IPC.
- The closed receptacle was broken open or unfastened in good faith without dishonest intent or intent to commit mischief, such as an owner forcing open his own locked box after losing the key.
- The closed receptacle held no property and the person opening it did not believe that it contained any property.
- The person who dishonestly broke open or unfastened the closed receptacle had been entrusted with its custody and lacked authority to open it, which falls under Section 462 IPC.
Section 461 IPC in the BNS
Section 461 IPC is now covered under Section 334(1) BNS.
Sections 461 and 462 IPC are consolidated in Section 334(1) BNS. Section 461 IPC corresponds to Section 334(1) BNS. The statutory elements, the term of imprisonment of either description up to two years, and the option of fine or both remain unchanged.
View detailed comparison (IPC 461 vs BNS 334(1)) →FAQs on Section 461 IPC
What does Section 461 IPC provide?▼
Section 461 IPC punishes breaking open or unfastening any closed receptacle containing or believed to contain property, where the act is done dishonestly or with intent to commit mischief.
What is the punishment under Section 461 IPC?▼
A person convicted under Section 461 IPC may be sentenced to imprisonment of either description for a term extending up to two years, or with fine, or with both.
Is an offence under Section 461 IPC bailable?▼
No. The First Schedule to the Code of Criminal Procedure classifies Section 461 IPC as cognizable and non-bailable, meaning bail cannot be claimed as a matter of right and release rests with the court.
Which court tries an offence under Section 461 IPC?▼
An offence under Section 461 IPC is triable by any Magistrate.
Can an offence under Section 461 IPC be compounded?▼
No. Section 461 IPC is not listed in Section 320 CrPC, so it cannot be compounded under any circumstances.
Is actual physical force necessary to constitute an offence under Section 461 IPC?▼
No. The statute expressly includes unfastening alongside breaking open. Unlocking a closed receptacle with an unauthorised key or unlatching it without damage satisfies the act requirement if done dishonestly or with intent to commit mischief.
How does Section 461 IPC differ from Section 462 IPC?▼
Section 462 IPC specifically addresses a person entrusted with custody of the closed receptacle who opens it without authority. Section 462 IPC carries a higher penalty of up to three years imprisonment but is bailable under the First Schedule, whereas Section 461 IPC is non-bailable.
Where is Section 461 IPC placed in the Bharatiya Nyaya Sanhita?▼
It is placed in Section 334(1) BNS, under Chapter XVII, Of Offences Against Property.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·